By Resource

A Guide to U.S. REIT M&A

In this Guide we provide a summary overview of the principal legal considerations potentially applicable to takeovers of U.S. REITs. We address several key areas – the applicable corporate, securities law and tax considerations relevant to REIT takeovers, preliminary takeover activity, including stakebuilding, preliminary agreements and seeking support from the target REIT’s shareholders, transaction structuring, deal protection, including “no-shop,” “no-talk” and “go-shop” provisions as well as “fiduciary outs” and break fees, fiduciary duties applicable to a target REIT’s board of directors in the M&A context and takeover defenses.

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